Moncada et al v. Riopel et al

Filing 2

ORDER The Clerk of Court is directed to remove this case from this Court's docket and transfer it to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/23/2024) (jca) Transmission to Office of the Clerk of Court for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LEON J. PALACIO MONCADA et al.,
Plaintiffs,
-v.-

24 Civ. 06750 (JHR)
ORDER

MARC A. RIOPEL et al.,
Defendants.
JENNIFER H. REARDEN, District Judge:
This case arises out of a January 26, 2024 motor vehicle accident on the Long Island
Expressway in Queens, New York. See ECF No. 1-1 (Compl.) ¶¶ 31-37. On June 17, 2024,
Plaintiffs Leon J. Palacio Moncada, Jennifer Bueno, Sergio E. Chicaguala, and Betty J. Bueno
Vargas commenced an action against Defendants Marc. A. Riopel and National Freight, Inc. in
the Supreme Court of the State of New York, County of Queens. See id. ¶ 1. On September 5,
2024, Defendants removed the case to this Court, invoking diversity jurisdiction pursuant to 28
U.S.C. § 1332. See ECF No. 1 at 1.
“Defendants improperly removed this case to the United States District Court for the
Southern District of New York, as cases may be removed from state court only to the federal
district court . . . for the district and division embracing the place where such action is pending.”
Mitchell v. BJs Wholesale Club, No. 23 Civ. 724 (KPF), 2023 WL 1438719, at *1 (S.D.N.Y.
Feb. 1, 2023) (quoting Jackson v. City of New York, No. 07 Civ. 519 (ILG) (RER), 2007 WL
1871511, at *1 (E.D.N.Y. June 28, 2007)) (cleaned up); cf. Bank of N.Y. Mellon v. Thurairaj, No.
18 Civ. 9823 (CS) (S.D.N.Y. Oct. 25, 2018). Here, prior to removal, the underlying action was
pending in the Supreme Court of the State of New York, County of Queens. See ECF No. 1.
That court is located within the Eastern District of New York. See 28 U.S.C. § 112(c) (“The
Eastern District comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk[.]”).

Thus, the United States District of Court for the Eastern District of New York is the proper court
for removal.
“‘[R]emoval of an action to an improper district is not a jurisdictional defect, but is akin
to an improper venue situation.’” Mitchell, 2023 WL 1438719, at *1 (quoting Jackson, 2007
WL 1871511, at *1). “An improper designation of venue may be remedied by transferring the
action to the proper district.” St. Paul Fire & Marine Ins., Co. v. Architron Designers and
Builders, Inc., No. 05 Civ. 1872, 2007 WL 757910, at *1 (E.D.N.Y. Mar. 8, 2007); see also
Mitchell, 2023 WL 1438719, at *1 (sua sponte transferring improperly removed case to the
Eastern District of New York). “A transfer under § 1406(a) may be made upon a motion or by a
court sua sponte.” Reed v. Pfizer, Inc., 2022 WL 16857316, at *2 (E.D.N.Y. Sept. 28, 2022)
(transferring case sua sponte). Accordingly, the Court hereby transfers this case to the United
States District Court for the Eastern District of New York pursuant to 28 U.S.C. § 1406(a).
The Clerk of Court is directed to remove this case from this Court’s docket and transfer it
to the United States District Court for the Eastern District of New York.
SO ORDERED.
Dated: September 23, 2024
New York, New York

JENNIFER H. REARDEN
United States District Judge

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